Excerpt: ...L BACKGROUND: Plaintiff Mary Swanston alleges that she is an elder as defined in the Welfare and Institutions Code, as her birthday is October 15, 1919, and that on January 21, 2019, she was admitted to defendant Arcadia Gardens Retirement Hotel (“Arcadia Gardens”) following a hospital stay because she had fallen at home, and so needed assistance with activities of daily living. The complaint alleges that at the time of admission, plaintiff's...

Excerpt: ...ful Termination in Violation of Public Policy 3) Violation of Labor Code section 1102.5 et seq. SUMMARY OF FACTS: Plaintiff Allen Jay Hollis alleges that he was employed by defendant Alpha Security and Logistix, Inc. beginning in January of 2019, when plaintiff was hired as production staff, and that as part of plaintiff's participation on defendant's production team, between February and September of 2019, plaintiff traveled to various states an...

Excerpt: ... 6) Declaratory Relief SUMMARY OF FACTS: Plaintiff Alfred Carr alleges that L&A Homes, LLC (“LLC”) was established in July of 2017, and that both plaintiff and defendant Leslie Anne Caldwell made equal monetary contributions to the LLC for startup costs and made equal capital contributions to establish the company, and to fund the company banking account so that the LLC could purchase, renovate, and sell residential real estate. Plaintiff all...

Excerpt: ...d 4) Indemnity 5) Disgorgement for Violation of Business and Professions Code Section 7031 SUMMARY OF COMPLAINT: Plaintiff Haiu Nan Tsai alleges that in August of 2018, plaintiff entered into a written contract with defendant Wilfredo M. Corregidor, an individual doing business as Wilco Construction, whereby defendant agreed to provide construction services for $104,000 at plaintiff's residential property in Arcadia, specifically, for the constru...

Excerpt: ...omplaint 1) Equitable Indemnity v. All Cross-Defendants 2) Equitable Apportionment v. All Cross-Defendants 3) Express Contractual Indemnity v. Champion Crane Rental 4) Breach of Written Contract v. Spuds Crane Service 5) Breach of Contractual Obligation to Insure v. Champion Crane Rental, Brenneke, Konle 6) Breach of Contractual Obligation to Insure v. Spuds Crane Service, Brenneke, Konle 7) Declaratory Relief v. All Cross-Defendants 8) Negligenc...

Excerpt: ... to Special Interrogatories, Set One Further Responses to Request for Production of Documents, Set One CHRONOLOGY Date Discovery served: October 7, 2019 Date Responses served: December 17, 2019, verifications served June 9, 2020 Date Motion served: July 10, 2020 Timely FACTUAL BACKGROUND Plaintiffs allege that all times mentioned prior to November 3, 2017, decedent John A. McGinnis was a dependent adult as that term is defined in Welfare & Instit...

Excerpt: ... defendant Shelly Marie Trigg and various parties entered into a series of loans and promissory notes with Chris & Paige Dunbar Family Trust, and that defendant entered into these transactions as an individual borrower, and pursuant to personal guaranties. Plaintiff Christopher Dunbar, as trustee, alleges that he was persuaded to enter into these loan transactions because Christopher Trigg represented to plaintiff, his cousin-in-law, that the mon...

Excerpt: ...itten discovery requests, First Set of Form Interrogatories, and Demand for Production of Documents, and Order deeming Requests for Admissions admitted as to each defendant CHRONOLOGY Date Discovery served: February 7, 2020 Extension to Respond to: April 10, 2020 (Decl., para. 5) Date Responses served: NO RESPONSES SERVED Date Motion served: June 30, 2020 Timely OPPOSITION: No opposition ANALYSIS: Procedural Plaintiff has filed four motions, each...

Excerpt: ...Compel Arbitration) Defendants Arcadia Gardens Management Corporation dba Arcadia Gardens Retirement Hotel, Julie Chirikian, David Chirikian and Pat Redner (Preference) (No Opposition) MOTION TO COMPEL ABITRATION / STAY PROCEEDINGS TO COMPEL ARBITRATION Written arbitration agreement (CCP §1281.2): Exhibit 1 Demand and refusal to arbitrate (CCP §1281.2): Decl., para. 6 (Ex. 3 does not backup) No waiver of right to compel arbitration (CCP §§128...

Excerpt: ... DISCOVERY REGARDING PATTERN OR PRACTICE OF FAILING TO INVESTIGATE AND DISCIPLINE RACIAL SLURS Plaintiff has alleged generally that Tesla has a pattern or practice in the Fremont Plan of failing to investigate and discipline racial slurs. (Complaint, para 13) Tesla seeks to limit discovery by asserting that it complies with the law. A party cannot refuse to provide discovery based on its assertion that the case has no merit. Discovery permits the...

Excerpt: ...D PROCEDURAL BACKGROUND: Plaintiffs Jeff Cleveland and Nancy Cleveland allege that they are property owners who owned a homestead with over 30 acres cultivated for commercial trees. The complaint alleges that defendant Southern California Edison (“SCE”) owned, controlled, and maintained electrical equipment at or near an electrical substation, which electrical equipment was part of defendant's electrical distribution system (“EDS). On Decem...

Excerpt: ...s‐Complaint Order striking answer and First Amended Cross-complaint of defendant and cross-complainant Dot Dot Smile, LLC. In the alternative, order compelling Dot Dot Smile to provide verified full, complete and non-evasive supplemental responses to Form Interrogatories and Requests for Production of Documents Motion to Compel Deposition of PMQ Order compelling the deposition of the Person Most Qualified of defendant and cross-complainant Dot ...

Excerpt: ...t Set of Document Requests by defendant Garcia Order that Matters Specified in Plaintiff's First Set of Requests for Admissions be Deemed Admitted Further Responses to Form Interrogatories, Set One by defendant Champion Further Responses to Document Request by defendant Champion Further Responses to Requests for Admissions by defendant Champion FACTUAL BACKGROUND Plaintiff Foothill Soils, Inc. alleges that it is engaged in the business of landsca...

Excerpt: ...ation of real property Stay matter for 180 days to conduct discovery in federal court SUMMARY OF FACTS: Plaintiff Horace Williams Jr., Horace Williams III and Theresa Williams bring this action alleging that defendants wrongfully foreclosed upon their property in Altadena based on a forged deed of trust. Plaintiffs further allege that the forged deed of trust encumbered only 75% of the property, with 25% undivided title interest remaining to plai...

Excerpt: ...ontract. Summary adjudication that defendant owed plaintiff a duty under the contract Causes of Action from Complaint 1) Fraud, Deceit and Misrepresentation 2) Breach of Fiduciary Duty 3) Negligence 4) Breach of Contract 5) Conspiracy 6) Resulting or Constructive Trust SUMMARY OF COMPLAINT: Plaintiff Alexander Alex Abramyan alleges that in 2010, defendant Genrik Henry Nazaryan (“Henry Nazaryan”), a real estate broker, acted as a real estate a...

Excerpt: ...tion on a Judgment (CCP § 683.010, et seq.) 3) For Declaratory Relief SUMMARY OF FACTS: Plaintiff CM Laundry alleges that it is an industrial laundry which assists in the manufacture of blue jeans and other apparel, by washing and finishing garments to give them a popular “broken in” look. Plaintiff alleges that for a period of years, Luis Rodriguez managed CM Laundry, and during the time he was in charge, he and others working with him enga...

Excerpt: ...copies of Exhibits ($8,807.00) ANALYSIS: Factual Background Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plaintiff alleges that after the procedure, his pain worsened, and he went into sept...

Excerpt: ...Revocable Living Trust, alleges that Roy Schramm, as former trustee, entered into an agreement with defendants T.J. Schramm and Sareda Schramm pursuant to which the Trust loaned defendants $120,000 with interest at 6% payable in interest-only payments of $600 a month with principal and accrued interest due in full on sale of TJ and Sareda's home located in Shadow Hills (Sunland), and that defendants have failed to pay the interest due or any amou...

Excerpt: ...r of defendants Wilmington Savings Funds Society, FSB and Clear Recon Corp. In the alternative, summary adjudication of the first, second and/or third causes of action. Causes of Action from Second Amended Complaint 1) Declaratory Relief/Judgment v. All Defendants 2) Breach of Contract/Estoppel v. PMAT 3) Violation of Calif. Homeowner Bill of Rights v. PMAT, Clear Recon 4) Cancellation of Instruments v. All Defendants* 5) Wrongful Foreclosure v. ...

Excerpt: ...1) Dangerous Condition of Public Property v. City of Burbank, Burbank DWP 2) General Negligence v. All Defendants 3) Premises Liability v. All Defendants 4) Motor Vehicle v. Does SUMMARY OF COMPLAINT: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched acr...

Excerpt: ...ages CAUSES OF ACTION: from First Amended Complaint 1) Breach of CC&Rs 2) Enforcement of Equitable Servitudes 3) Breach of Fiduciary Duty 4) Nuisance 5) Negligence 6) Declaratory Relief SUMMARY OF FACTS: Plaintiff Carmen Lowther alleges that plaintiff is a resident and owner of a unit of real property in Pasadena, who became a member of defendant Bellasino Villa Homeowners Association (HOA) when she purchased the property, and that the HOA's Cove...

Excerpt: ...TED: File a First Amended Answer RELEVANT FACTS: Plaintiff Northern California Collection Service, Inc. alleges that within four years last past defendants Temple Garden Homes for the Developmentally Disabled, Inc. IV, Temple Garden Homes for the Developmentally Disabled, Inc. V, Temple Garden Homes for the Developmentally Disabled, Inc. VI, and TGH Management Group, Inc., and each of them, became indebted to plaintiff's assignor, State Compensat...

Excerpt: ...Misrepresentation Count IV) Negligent Misrepresentation Count V) Aiding and Abetting Count VI) Conversion Count VII) Unjust Enrichment Count VIII) Breach of Contractual Duty of Good Faith and Fair Dealing Count IX) Money Had and Received SUMMARY OF FACTS: The First Amended Complaint alleges that defendant Shelly Marie Trigg and various parties entered into a series of loans and promissory notes with Chris & Paige Dunbar Family Trust, and that def...

Excerpt: ...ther Responses to Request for Admissions, Set One FACTUAL BACKGROUND: Plaintiff Sable Mulugetha alleges that after being an employee for twenty years of defendant Garabet Hindoyan at Gary's Mini Market AM PM, aka Gary's Mini Mart & Papa George, in Pasadena, plaintiff and defendant began discussing plaintiff purchasing Gary's Mini Market, and how the parties would structure a commercial lease agreement, an agreement to purchase the assets, transfe...

Excerpt: ... award of reasonable attorney's fees as costs against plaintiff in the amount of $155,249.50. SUMMARY OF FACTS: Plaintiff Saint Lukes Pasadena, LLC alleges that in March of 2000, plaintiff's predecessor in interest, as the owner of a medical office building in Pasadena, entered into a Lease Agreement with defendants Jason K. Boutros, M.D., Inc., Dr. Boutros and his dbas as tenants. Plaintiff purchased the real property that contains the leased pr...

Excerpt: ...lleges that in May of 2018 plaintiff purchased a certified pre-owned 2015 BMW vehicle from defendant Finchey Corporation of California dba Pacific BMW, a manufacturer- authorized agent engaged in the business of selling/leasing and servicing and repairing vehicles of the manufacturer, defendant BMW of North America, LLC. Plaintiff alleges that along with the purchase of the vehicle, plaintiff received written warranties and other express and impl...

Excerpt: ...ACTS: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J. Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing and repackaging services, as well as handling foreign customers and their orders. Plaintiffs allege that they were related companies and managed by the same personnel, s...

Excerpt: ...avor of defendant Sargis Yeritsyan In the alternative, summary adjudication of first, third, fourth and/or fifth causes of action Causes of Action from Complaint 1) Breach of CC&Rs v. All Defendants 2) Breach of Fiduciary Duty v. Wilson Gardens Homeowners Association 3) Negligence v. All Defendants 4) Nuisance v. All Defendants 5) Injunctive Relief v. All Defendants SUMMARY OF COMPLAINT: Plaintiffs Fe Palomique and Shant Gharibi allege that they ...

Excerpt: ...ction and awarding plaintiff attorneys' fees in the amount of $21,120. SUMMARY OF FACTS: This action was originally brought as an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3- day notice to pay rent or quit and failed to c...

Excerpt: ...in demurrer to Complaint Strike General Damages, Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Complaint 1) Elder Abuse and Neglect 2) Wrongful Death SUMMARY OF FACTS: Plaintiffs Evelyne Krieg, through her successor in interest, and her adult children and lawful heirs, Bill Krieg, Paul Krieg and Karen McFarland, allege that decedent Krieg at all relevant times was over the age of 65, and defendant B.V. General Inc. dba Leisure Vale Ret...

Excerpt: ...Bad Faith Penalty and Security Deposit Violation 4) Retaliation 5) IIED 6) NIED 7) Violation of Illegal Charges 8) Breach of Contract SUMMARY OF FACTS: Plaintiff Erin K. Ferguson brings this action against her residential landlords, defendants James Frost and 12032 Guerin, LLC, the owners of real property located in Studio City. Plaintiff alleges that her tenancy of the residence was pursuant to a written lease, and the implied warranty included ...

Excerpt: ...plaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Fraud—Intentional Misrepresentation 4) Negligent Misrepresentation 5) Conspiracy to Defraud 6) Cancellation of Written Instrument 7) Quiet Title 8) Declaratory Relief SUMMARY OF FACTS: Plaintiffs Cicindelae, Inc. and Do Gi Kim allege that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,000 with no interest, with a maturity date of Apri...

Excerpt: ...ike attorney's fees CAUSES OF ACTION: from Complaint 1) Failure to Discharge Mandatory Duties Per Education Code Section 32281 2) Failure to Discharge Mandatory Duties Per Education Code Section 48918 3) Failure to Discharge Mandatory Duties Per Education Code Section 10806 4) Failure to Discharge Mandatory Duties Per Education Code Section 48902 5) Negligent Hiring and Supervision 6) Deprivation of Civil Due Process and Equal Protection Rights 7...

Excerpt: ...ION: from Complaint 1) Elder Abuse/Neglect 2) Negligence 3) Elder Abuse/Financial 4) Wrongful Death* *Request for Dismissal of cause of action without prejudice filed and entered 12/11/19 SUMMARY OF FACTS: Plaintiffs allege that decedent John A. McGinnis was an elder as that term is defined in Welfare & Institutions Code section 15610.27, and that on February 20, 2018, decedent was admitted to defendant USC Verdugo Hills Hospital for a possible i...

Excerpt: ...D: Judgment on the Pleadings in favor of defendants with regard to 1) Plaintiffs' Seventh Cause of Action for Unfair Business Practices 2) All causes of action brought by plaintiff Felisa Ramirez CAUSES OF ACTION FROM THE First Amended Complaint 1) Negligence 2) Breach of Warranty of Habitability 3) Breach of Warranty of Quiet Enjoyment 4) Nuisance 5) Violation of Civil Code Section 1941.1 et seq. 6) Discrimination 7) Unfair Business Practices 8)...

Excerpt: ...nt on specially appearing defendant Jerry A. Jacobs. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jenny Beres Coaching, LLC alleges that in April or May of 2019, plaintiff entered into an oral agreement with defendants Jerry A. Jacobs Jr. and Jerry A. Jacobs Sr. under which plaintiff agreed to provide public relations and media services for the benefit of defendant Jerry A. Jacob Jr., including pitching for media placement for interviews, press f...

Excerpt: ...g and Han K. Yit allege that in January of 2018, plaintiffs leased a new 2017 BMW 13 REX from defendant seller Finchey Corporation of California dba Pacific BMW, which vehicle was manufactured and/or distributed by defendant BMW of North America. Plaintiffs allege that along with the purchase of the vehicle, plaintiffs received written and other express and implied warranties from the manufacturer and seller. Plaintiffs allege that plaintiffs hav...

Excerpt: ...use of action of Complaint CAUSES OF ACTION: from Complaint 1) Elder Abuse/Neglect 2) Negligence 3) Elder Abuse/Financial 4) Violation of Residents' Rights 5) Wrongful Death * *Request for Dismissal of cause of action without prejudice filed and entered 12/11/19 SUMMARY OF FACTS: Plaintiffs allege that all times mentioned prior to November 3, 2017, decedent John A. McGinnis was a dependent adult as that term is defined in Welfare & Institutions C...

Excerpt: ... plaintiff leased premises in Glendale from defendants Glenoaks Townhomes LLC and Winstar Properties, LLC, from which plaintiff was constructively evicted in September of 2019 prior to the expiration of the lease, due to the alleged failure of defendants to timely address issues at the premises, including missing or defective window and sliding door screens, inoperable faucet, overflow of common trash receptacles, failure to provide safety measur...

Excerpt: ...dication of the first and second causes of action of plaintiff's verified complaint. Causes of Action from Verified Complaint 1) Quiet Title 2) Declaratory Relief SUMMARY OF COMPLAINT: Plaintiff Andranik Avedyan alleges that plaintiff is the former husband of defendant Alis Avedyan and is also the debtor in a related divorce case when the couple divorced in 2012. Plaintiff alleges that plaintiff and defendant Alis Avedyan owned a 50 % interest in...

Excerpt: ...aintiff Diahanna Allen alleges that she is 87-years-old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Highland Avenue and 1613 Highland Avenue. Plaintiff alleges that the 1538 Property contains a one-story main house, a garage and guest house, and that in 2012, plaintiff met with defendants Oran Belillti (“Oran”) (Note: defendants appear to sp...

Excerpt: ...at plaintiff is a real estate investor in the business of purchasing and flipping various commercial and residential properties, and that plaintiff obtained the services of defendants Sung Brothers Corp. dba Splendid 4D Studio, Wenjay Sung and Yue Zhao for plaintiff's construction and repair needs, specifically, architectural and design needs for properties located in El Segundo. Plaintiff alleges that plaintiff intended to complete construction ...

Excerpt: ... the action CAUSES OF ACTION: From Complaint 1) Violation of the Unruh Civil Rights Act, California Civil Code § 51 et seq. SUMMARY OF FACTS: Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer, and that she has visited the website offered by defendant South Philly Food, Inc., which provides consumers with access to an array of...

Excerpt: ...laint 1) Possession of Personal Property 2) Breach of Contract 3) Goods Sold and Delivered 4) Book Account 5) Account Stated SUMMARY OF COMPLAINT: Plaintiff Acar Leasing Ltd. alleges that defendant Kern Geen Ting entered into a contract by which Symes Cadillac agreed to provide to defendant, and defendant agreed to acquire, a vehicle, a 2017 Cadillac Escalade. Plaintiff took delivery and possession of the vehicle from Symes Cadillac, and the cont...

Excerpt: ...ment complex in Glendale, bring this action against their residential landlord, defendant Griffith Park Dude Ranch & Bath House, Inc., alleging that defendant has owned, managed, operated and maintained their residences in uninhabitable condition, failing to property maintain pest control on the property, so that plaintiffs have endured slum-type living conditions resulting in financial loss, personal injury and emotional distress. The matter wen...

Excerpt: ...ions and/or monetary sanctions Order amending December 20, 2019 judgment CHRONOLOGY Date Discovery served: December 2, 2019 Date Responses served: NO RESPONSES SERVED Date of Court Order: No court order Motion Served: February 20, 2020 FACTUAL BACKGROUND: Plaintiff Alicia Tripi brings this action against her labor union, defendant the Make-Up Artists & Hair Stylists Guild IATSE Local 706 (the “Union”), and several individual defendants allege...

Excerpt: ...F REQUESTED: Sustain demurrer to Complaint Strike General Damages Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Complaint 1) Elder Abuse and Neglect 2) Wrongful Death SUMMARY OF FACTS: Plaintiffs Evelyne Krieg, through her successor in interest, and her adult children and lawful heirs, Bill Krieg, Paul Krieg and Karen McFarland allege that decedent Krieg at all relevant times was over the age of 65, and defendant B.V. General Inc. dba ...

Excerpt: ...ke Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Quiet Title 2) Declaratory Relief 3) Damages and Injunctive Relief Against Interference with Interment Rights; Disinterment 4) Slander of Title 5) Negligence 6) NIED 7) Breaches of the Implied Covenants 8) Elder Abuse 9) Trespass 10) Ejectment SUMMARY OF FACTS: Plaintiff Esperanza Molina alleges that she is currently more than 80 years old, and that in 2007, in...

Excerpt: ...Sustain demurrer to First Amended Complaint Strike Portions of First Amended Complaint Leave to File First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Defamation 2) Invasion of Privacy 3) Violation of UCL 4) Violation of Civil Code § 1798.1 et seq. 5) Violation of CCC § 1786, et seq. SUMMARY OF FACTS: Plaintiff Sam Roter alleges that defendant Jeffrey Tinsley is the founder, chairperson and CEO of MyLife.com, Inc. and ca...

Excerpt: ...ewalk facing an Automated Teller Machine (“Subject ATM”) on Huntington Drive in San Marino when a vehicle driven by defendant Hsiu Fang Chen Liu hit and jumped the curb, drove onto the sidewalk and struck plaintiff, resulting in severe and debilitating injuries. Plaintiff alleges that defendant JP Morgan Chase Bank negligently owned, designed, placed, monitored and controlled the Subject ATM, which was immediately adjacent to the subject side...

Excerpt: ... Temple Garden Homes for the Developmentally Disabled, Inc., V Defendant Temple Garden Homes for the Developmentally Disabled, Inc., VI Defendant THG Management Group RELIEF REQUESTED: Strike answer of defendant Temple Garden Homes for the Developmentally Disabled, Inc., IV Further responses to Special Interrogatories, Set One from each defendant SUMMARY OF FACTS: Plaintiff Northern California Collection Service, Inc. alleges that within four yea...

Excerpt: ...ED BY: Formal Notice [Exhibit 1] RELIEF REQUESTED BY MOVING PARTY: Order compelling the deposition of General Motors LLC's Person Most Qualified, the Production of Documents DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Ok, Ex. 3 FACTUAL BACKGROUND: Plaintiffs Jose Garcia Serafin and Maria Coronel allege that in September of 2017 they purchased a 2017 Cadillac ATS manufactured by defendant General Motors ...

Excerpt: ...-old female employee of defendant City of Pasadena, Department of Housing, Maintenance Assistance for Homeowners (“MASH”) program, which program was part of a business relationship between the City and defendant County of Los Angeles (“County”) and the Foothill Workforce Development Board (“FWDB”), which jointly provided a “Youth @ Work” program that provided youth-based training for “at-risk” youth and young adults to develop...

Excerpt: ...ction for Breach of Fiduciary Duty; and (2) OVERRULED as to the fifth cause of action for Fraud. A. Statute of Limitations: Second through Fourth Causes of Action The second through fourth causes of action are time-barred under the one-year statute of limitations in CCP § 340.6(a). Plaintiff alleges he discovered Tehrani's wrongful acts in February 2018, when his current counsel attempted to settle the personal injury claim and discovered that t...

Excerpt: ...ng, Retention and Supervision Practices), third (Gross Negligence), fourth (Breach of Contract/Breach of the Covenant of Good Faith & Fair Dealing), fifth (False Advertising), sixth (Deceit & Intentional Fraud), and eighth (Unfair Business Practices) causes of action. A. Second Cause of Action: Negligent Hiring, Retention & Supervision With respect to the second cause of action for Negligent Hiring, Retention and Supervision Practices, plaintiff ...

Excerpt: ...operties, Inc. is ordered to designate and produce witness(es) to appear for deposition and to give testimony . . . as to the matters requested in the notice of deposition served June 5, 2019.” (Ex. J.) The Court further ordered such deposition take place on November 20, 2019 at 10:00 a.m., with the deposition to be completed no later than December 6, 2019. On November 20, 2019, after arriving late to the Court-ordered deposition (and with his ...

Excerpt: ...dents involving Chase Bank branches or property, or policies, procedures, guidelines, and so forth, regarding prevention of motor vehicle incidents and accidents, including bollards or other physical barricades, that are beyond the five year period prior to the filing of Plaintiff's complaint (i.e. October 10, 2012 to October 10, 2017), and that are not sufficiently limited to Chase walk-up ATMs located in Los Angeles County. FACTUAL BACKGROUND: ...

Excerpt: ...BACKGROUND: Plaintiff Eunice Facchetti, through her GAL Christopher Facchetti, alleges that at all times relevant to this action, plaintiff was over the age of 65 years, and was a resident at a facility operated by defendant Toluca Lake Manor Senior Assisted Living, LLC, which was in the business of providing long- term custodial care as a 24-hour residential care facility for the elderly and the licensee of the Toluca Lake Manor facility. Plaint...

Excerpt: ...use of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Battery 2) Assault 3) Premises Liability 4) Violation of Civil Code Section 51.7 5) Violation of Civil Rights Act Section 52.1 6) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Southwest Regional Council of Carpenters (“SWRCC”), a labor organization, and its employee, Jason Green, allege that while the SWRCC was conducting a picket in front of th...

Excerpt: ...ndant City of Pasadena in this case In the alternative, summary adjudication of issues Bifurcate Pre-trial Order bifurcating the trial to first hear the matters of whether there is a dangerous condition of public property at the accident location, and whether the City is protected by design immunity, followed by trial concerning causation, comparative fault and damages Causes of Action: from First Amended Complaint 1) Wrongful Death—Dangerous C...

Excerpt: ...ty Grant derivative use immunity to defendant Devorah Lee Pearson Quash Order quashing service of subpoena made on JP Morgan Chase FACTUAL BACKGROUND: Plaintiff Kirk Moody alleges that in January of 2013, plaintiff and defendants John Robert Walker and Devorah Lee Pearson entered into an oral agreement and formed a partnership entitled Rancho El Porvenir, pursuant to which the parties made capital contributions in order to purchase 1,600 acres of...

Excerpt: ... an unlimited civil case to a limited civil case Order compelling plaintiff to serve verified responses, without objection, to demand to produce documents at deposition, and to pay monetary sanctions of $540. SUMMARY OF FACTS: Plaintiffs Hamlet Minasvand and Gayane Hadjibekian allege that they were out walking in a public place with their daughter, plaintiff Sophia Brooklyn Minasvand, who was in a stroller, and were also walking with their dog, w...

Excerpt: ...d legally blind person who requires screen-reading software to read website content using a computer, and that she has visited the website offered by defendant South Philly Food, Inc., which provides consumers with access to an array of goods and services, including menu item descriptions, company information, location information and many other benefits. Plaintiff alleges that during visits to defendant's website, using plaintiff's screen- reade...

Excerpt: ...ed Complaint Strike conclusory allegations, third cause of action, attorneys' fees, punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Elder Abuse 2) Violation of Residents Rights 3) Wrongful Death SUMMARY OF FACTS: Plaintiff Maryam Issakhan, deceased, brings this action through her successor in interest, plaintiff Seada Grigorian. Plaintiff Seada Grigorian, individually, and plaintiff Volga Issakhan, individually, are the daughte...

Excerpt: ... Daniel Sussman and custodian of records to produce documents Compel second deposition of defendants' party affiliate Jocelyn Tapia to answer questions she was instructed not to answer DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Exs. 3, 4 (?) FACTUAL BACKGROUND: Plaintiff Youlla Ghanem alleges that an unidentified man exposed himself while she was in a shower at a gym facility owned and operated by defe...

Excerpt: ...no RELIEF REQUESTED: File a First Amended Complaint Further Responses from John V. Guale to Requests for Production of Documents, and monetary sanctions Date Original Complaint filed: September 9, 2019 Effect of Amendment Adds cause of action to include a cause of action for fraud/intentional misrepresentation RELEVANT FACTS: Plaintiffs Joel Andrews and Thelma Andrews allege that in 2001 they initiated a case against Mobile Aire Estates and Sierr...

Excerpt: ...o Special Interrogatories, Set One, propounded by defendant James Frost Further response to Special Interrogatories propounded by defendant 12032 Guerin, LLC CAUSES OF ACTION: from First Amended Complaint 1) Nuisance 2) Conversion 3) Bad Faith Penalty and Security Deposit Violation 4) Retaliation 5) IIED 6) NIED 7) Violation of Illegal Charges 8) Breach of Contract SUMMARY OF FACTS: Plaintiff Erin K. Ferguson brings this action against her reside...

Excerpt: ...uments, Set No. One Order compelling compliance and production of documents plaintiff agreed to produce DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l): ok Reasonable and good faith attempt to resolve informally: ok, Exhibits C-K FACTUAL BACKGROUND Plaintiff Van Boi Yang alleges that Yang is on title as tenant in common to real property in Rosemead, and that defendant Ivy Yang Ho, as trustee of the Alex and Ivy Ho Family Trus...

Excerpt: ...y to plaintiff the sum of $119,932, as expenses incurred in proving the truth of facts denied by Malek in her responses to requests for admissions. SUMMARY OF FACTS: Plaintiff Constance Hilton alleges that in early 2014 she was introduced to defendant Maria Malek, whose son was dating plaintiff's granddaughter, who was then a minor, had recently experienced traumatic events, and had moved into defendant Malek's home. Plaintiff was at the time suf...

Excerpt: ...rvicing and the Bank of New York Mellon in the sum of $554,485.50. SUMMARY OF FACTS: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and ther...

Excerpt: ...s?: Ok Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Breach of Contract SUMMARY OF FACTS: Plaintiff SDRES Partners, LLC alleges that plaintiff's predecessor in interest and defendant Dorn Platz Management Inc., a now suspended corporation, entered into a written lease for property on S. Orange Grove Boulevard in Pasadena. Plaintiff alleges Defendant Dorn Plaza ...

Excerpt: ...nt 1) Breach of Contract v. IPIC Defendants 2) Unjust Enrichment v. Avco Center Corporation SUMMARY OF FACTS: Plaintiff Technique Air, Inc. alleges that it entered into a written contract with defendants IPIC Entertainment, LLC and IPIC-Gold Class Entertainment, LLC pursuant to which the parties contracted to provide services for defendants. Plaintiff alleges that plaintiff provided the required services, and the IPIC defendants have failed to pa...

Excerpt: ...ox and Bryan Harris Relief Requested: Order that judgment be entered in favor of defendants and against plaintiffs on the following causes of action: Negligence, Breach of Warranty of Habitability, Breach of Warranty of Quiet Enjoyment, Nuisance, Violation of Civil Code Section 1941.1, et seq., Discrimination, Unfair Business Practices, IIED. Causes of Action from First Amended Complaint 1) Negligence 2) Breach of Warranty of Habitability 3) Brea...

Excerpt: ...e 2) Breach of Implied Warranty 3) Strict Liability SUMMARY OF FACTS: Plaintiff Hua Star Capital USA, LLC alleges that it is the owner of real property in Bradbury. Plaintiff alleges that defendant Donald G. Abbey purchased the subject property in the 1990s, and periodically performed and hired others to perform various construction work on the property, through May of 2011, when Abbey obtained the Certificate of Occupancy for the subject propert...

Excerpt: ...from Amended Complaint 1) Breach of Contract SUMMARY OF FACTS: Plaintiff Larry Ray Williams alleges that he sent letters, consisting of a Notice of Acceptance Letter, Notice and Affect Failure to Respond letter, and Notice of Acceptance Letter/Certificate of Non- Response, to defendants Capital One, Comenity Bank and Chase Auto Finance concerning monthly payments he had been making and monthly presentments from defendants, to which defendants did...

Excerpt: ... Sheriff's Office to comply with deposition subpoena and produce unredacted investigative reports. FACTUAL BACKGROUND: Plaintiffs Jane Doe and John Doe, minors appearing through their guardians at litem, allege that while they were students at defendant Miramonte Elementary School, in defendant Mountain View School District, they were sexually abused, molested and harassed by defendant Joseph Baldenebro, who was employed by the District and assig...

Excerpt: ..., summary adjudication of second, fourth causes of action of complaint and/or cross-complaint of Lin Causes of Action from Complaint 1) Negligence v. Chase 2) Dangerous Condition of Public Property v. City 3) Motor Vehicle Negligence v. Liu 4) Loss of Consortium v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Heather Lehr alleges that on April 4, 2017, she was standing on a sidewalk facing an Automated Teller Machine (“subject ATM”) on Hunt...

Excerpt: ...rk and Lisa Conrad (Sanctions) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff First Group Agricultural LLC (“FGA”) alleges that in December 2018, it placed an order with defendant Emerald Agricultural, LLC, its owner Julie M. Kirk, and its managing agent, Lisa Conrad, for approximately 5,000 pounds of CBD for $200,000. Plaintiff alleges that it was expressly represented to FGA via a certificate of analysis that the CBD content of the product wa...

Excerpt: ...alternative, summary adjudication of issues Summary Judgment in favor of defendant/cross-defendant HHS Construction, Inc. In the alternative, summary adjudication of issues Causes of Action from Second Amended Complaint 1) Dangerous Condition of Public Property v. City of Burbank, Burbank DWP 2) General Negligence v. All Defendants 3) Premises Liability v. All Defendants 4) Motor Vehicle v. Does SUMMARY OF COMPLAINT: Plaintiff Mark Ellensohn alle...

Excerpt: ... Sheriff's Office to comply with deposition subpoena and produce unredacted investigative reports. FACTUAL BACKGROUND: Plaintiffs Jane Doe and John Doe, minors appearing through their guardians at litem, allege that while they were students at defendant Miramonte Elementary School, in defendant Mountain View School District, they were sexually abused, molested and harassed by defendant Joseph Baldenebro, who was employed by the District and assig...

Excerpt: ...ng Tran, who passed away on June 18, 2012. Plaintiff alleges that while Tran was on her deathbed on the evening of June 17, 2012, Tran's family removed from her person four jade bracelets, which Tran had worn for most of her life. Plaintiff remembers his wife's specific intention that he should hold the bracelets after her demise as a reminder to him of her essence, and the bracelets accordingly have significant sentimental value to plaintiff. Th...

Excerpt: ...medies Act 2) Violation of the Song-Beverly Act SUMMARY OF FACTS: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC as seller. Plaintiff alleges that prior to purchasing the vehicle, plaintiff asked if the vehicle had been in any prior accidents, and that Carmax's salesperson said the car had not been any prior accidents. Based on this statement, plaintiff ente...

Excerpt: ...ence Count Two—Willful Failure to Warn Count Three—Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiff Christopher Kreider alleges that in July of 2017, defendant Luis Alexis Hernandez, operating a vehicle owned by defendants Alexis Hernandez and Marilyn Martinez, negligently ran the vehicle through an exterior wall of premises owned and operated by defendants Starbucks Coffee, Starbucks Corporation and Charlene Sarstedt, and c...

Excerpt: ...GY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SERVED Date of Court Order: November 1, 2019 (Plaintiff ordered to serve responses to Form Interrogatories-- - General, and Form Interrogatories—Employment, and Request for Production of Documents within 10 days, RFAs deemed admitted, sanctions of $1,350 for each motion to be paid within 30 days) Notice of Ruling served: November 4, 2019 Motion Served: November 21, 2019...

Excerpt: ... title, and for bifurcation of equity causes of action from legal causes of action at trial CAUSES OF ACTION FROM THE Complaint 1) Conversion 2) Quiet Title 3) Cancellation of Instrument 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Joseph Vonheeder brings this action with respect to three real properties, the Jimenez Property, located in Sylmar, the Chandler Property, located in Burbank, and the 1909 Chandler Property, located in Burbank, wh...

Excerpt: ...ernative 2) Partition of Real Property, and 3) Injunctive Relief SUMMARY OF FACTS: Plaintiff Van Boi Yang alleges that Yang is on title as tenant in common to real property in Rosemead, and that defendant Ivy Yang Ho, as trustee of the Alex and Ivy Ho Family Trust, is also on title as tenant in common to the same real property. Plaintiff alleges that the real property is divided into two residences delineated as 7941 E. Hellman Avenue and 7939 E....

Excerpt: ...�128.7(c)(1) Yes RELIEF REQUESTED: Monetary Sanctions against plaintiff and its counsel SUMMARY OF FACTS: Plaintiff Johnson Controls Fire Protection LP alleges that it provided labor and materials and related work to defendant West Coast General Corporation in connection with a project referred to as the U.S. Court of Appeals Project in Pasadena. Plaintiff alleges that commencing on July of 2017, plaintiff entered into a series of written contrac...

Excerpt: ...f action and for violation of plaintiff's civil rights under 42 U.S.C. 1983 Causes of Action from from Complaint 1) Petition for Writ of Mandate Pursuant to CCP § 1094.5 2) Relief for Violation of POBRA, Government Code § 3309.5 3) Violation of Civil Rights 42 USC § 1983 SUMMARY OF COMPLAINT: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank...

Excerpt: ...ummary judgment in favor of defendant Valley Forge Insurance Company In the alternative, summary adjudication of the cause of action for breach of implied Causes of Action from First Amended Complaint (from body of pleading, not caption) 1) Breach of Contract v. Vargas, Does 2) Negligence v. Vargas, Does 3) Breach of Insurance Contract v. Valley Forge, Does 4) Breach of Covenant of GFFD v. Valley Forge, Does SUMMARY OF COMPLAINT: Plaintiff KPRS C...

Excerpt: ...gment in favor of defendant State Farm Insurance Company on the entirety of plaintiffs' Amended Complaint In the alternative, summary adjudication of each cause of action Causes of Action from Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF COMPLAINT: Plaintiffs Carmen Elly Wilkerson and Charles Elly allege that they were issued by defendant State Farm Insurance a homeowner's insuran...

Excerpt: ...y located at 415 Lotone Street, Monrovia, California, 91016 (“subject property”). On December 7, 2005, plaintiff executed a note of $740,000 in favor of defendant Express Capital Lending and a Deed of Trust on the subject property, naming Chicago Title Company as trustee and MERS as beneficiary. Plaintiff alleges that at the time Express was not a depository entity receiving consumer deposits as defined by the banking industry, so at the time...

Excerpt: ...er and cross-complaint In the alternative, order compelling DDS to provide verified further supplemental responses in compliance with the discovery order FACTUAL BACKGROUND: Plaintiff FCMT, Inc. alleges that defendant Dot Dot Smile, Inc. placed garment orders with plaintiff for the delivery of various children's clothing, that the garments were shipped to defendant, and that defendant has failed to fully pay for the shipments as agreed. Defendant...

Excerpt: ...econd and third causes of action of Complaint Sanctions Impose monetary sanctions pursuant to CCP § 128.7 against attorney Martin Arteaga and the Law Offices of Martin Arteaga CAUSES OF ACTION: from Complaint 1) Negligence 2) Continuation of Decedent's Causes of Action (Survival Action) 3) Wrongful Death 4) Premises Liability 5) Strict Product Liability 6) Negligence (Against General and Heatcraft) SUMMARY OF FACTS: This action is brought by Ang...

Excerpt: ...) Negligence SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plaintiff alleges that defendant Khachamanian, and his em...

Excerpt: ...laintiff's GAL, Adriana Martinez, in the amount of $1,600 SUMMARY OF FACTS: This case involves a claim by a special education needs student that the student was inappropriately touched by another special needs student in a school bathroom. On July 27, 2018, plaintiff filed a Notice of Settlement. On October 25, 2019, the court heard an expedited Petition to Approve Compromise of Disputed Claim of Minor S.M. filed on behalf of Petitioner Adriana M...

Excerpt: ...in favor of defendant Ridgeview Drive Ranch, Inc. dba Ridgeview Ranch Treatment Center as to plaintiff's complaint Causes of Action from Complaint 1) Wrongful Death—Negligence SUMMARY OF COMPLAINT: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother and father of decedent Johnathan Cauble. Plaintiffs allege that in 2016 decedent Johnathan consulted and engaged for compensation the services of defendant Ridgeview D...

Excerpt: ...Insurance Company and against defendant Mahboob Talukder aka David Talukder In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Fraud 2) Equitable Indemnity 3) Unjust Enrichment 4) Money Paid SUMMARY OF COMPLAINT: Plaintiff Chicago Title Insurance Company alleges that in April of 2003, Penny Martin- Dougherty, the then owner of real property in North Hollywood, became in default on her two deeds of ...

Excerpt: ...ify its insureds Joven Sales & Service, Inc. and Joven Lactaoen Causes of Action from Complaint 1) Declaratory Relief SUMMARY OF COMPLAINT: The lead action is brought by plaintiffs Robert Minaezadeh and Artin Minaezadeh alleging that defendant Nshan Pogasyan dba MGM Cleaners owned, operated, maintained and controlled a unit of property on Glendale which caused a structure fire. The matter has been consolidated with several other actions arising o...

Excerpt: ...ction on a Judgment (CCP § 683.010, et seq.) 3) For Declaratory Relief SUMMARY OF FACTS: Plaintiff CM Laundry alleges that it is an industrial laundry which assists in the manufacture of blue jeans and other apparel, by washing and finishing garments to give them a popular “broken in” look. Plaintiff alleges that for a period of years, Luis Rodriguez managed CM Laundry, and during the time he was in charge, he and others working with him eng...

Excerpt: ...plaintiff is a real estate investor in the business of purchasing and flipping various commercial and residential properties, and that plaintiff obtained the services of defendants Sung Brothers Corp. dba Splendid 4D Studio, Wenjay Sung and Yue Zhao for plaintiff's construction and repair needs, specifically, architectural and design needs for properties located in El Segundo. Plaintiff alleges that plaintiff intended to complete construction on ...